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6 good reasons to use new model FMLA forms

October 2020 employment law letter
Authors: 
Lauren A. Smith, Lanier Ford Shaver & Payne P.C.

The U.S. Department of Labor (DOL) recently issued new forms you can use to meet the notice and certification requirements of the Family and Medical Leave Act (FMLA). Here are six good reasons to use the new forms.

1. Easier for employees to understand

The new forms use simple wording. They also have easy-to-use checkboxes to steer both employers and employees through the process of determining eligibility, requesting additional information, providing required notice, and certifying serious health conditions. Simple wording and checkboxes increase the chances the forms are filled out correctly.

2. Employee confidence in FMLA processes bolstered

Because the new forms are “official,” they establish legitimacy with employees. The forms provide information from a neutral governmental source, which should help them appreciate you aren’t just “making things up” but are committed to doing things the right way.

Likewise, in some cases, the new forms make clear to employees that they also have certain obligations. They also clarify to healthcare providers that employers are “within their rights” to require certain information in the certification process.

Here are four examples of how the forms can reduce questions about employer practices required by the FMLA:

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